State of Missouri v. Daniel Dumond Brown, Sr., 444 S.W.3d 484

Brown was convicted by a Clay County jury of two counts of first-degree robbery under §569.020 and two counts of armed criminal action under §571.015; sentences were 25 years on each count with Count II consecutive to Count I and Counts III and IV concurrent to Count II.
Brown appealed alleging (1) plain error in denying a continuance to prepare to represent himself and (2) abuse of discretion in denying a mistrial after an officer referenced an uncharged prior robbery.
In June 2011, Brown employed his former girlfriend Scofield to drive him to a Pizza Hut; he confronted the closing manager, demanded cash, and left on foot with money observed later in Scofield’s garage.
In July 2011, Brown and Scofield robbed an Arby’s in Liberty; police stopped their Suburban the same night, discovering cash and a handgun; Monk identified Brown as the Arby’s robber.
A pretrial in limine prohibited evidence of unrelated criminal offenses; during trial Officer Loy referenced a recent Pizza Hut robbery in our city, prompting an objection and a curative instruction.
The trial court denied the mistrial request; the court held the overall evidence overwhelming and the curative instruction mitigated any prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Continuance to self-represent	Brown argues denial was plain error and violated self-representation rights.	Brown contends the court failed to properly consider preparing to represent himself.	No plain error; discretion to deny continuance not abused.
Mistrial for uncharged crime reference	Officer Loy’s remark violated the motion in limine and warranted a mistrial.	The reference was inadvertent and not highly prejudicial.	No abuse of discretion; curative instruction and lack of decisive prejudice.

State v. Wright, 383 S.W.3d 1 (Mo. App. W.D. 2012) (five-factor test for prejudice from prior crimes evidence)
State v. Goff, 129 S.W.3d 857 (Mo. banc 2004) (five-factor framework for prejudice of improper testimony)
State v. Smith, 934 S.W.2d 318 (Mo. App. W.D. 1996) (propriety of determining bad-faith or innocuous reference to prior crimes)
State v. Gilbert, 636 S.W.2d 940 (Mo. banc 1982) (inadmissible evidence reference may be non-imputed to defendant)
State v. Witte, 37 S.W.3d 378 (Mo. App. S.D. 1999) (isolated reference not tying to defendant)
State v. Edwards, 365 S.W.3d 240 (Mo. App. W.D. 2012) (preservation and plain-error standards for continuance)
State v. Powell, 318 S.W.3d 297 (Mo. App. W.D. 2010) (mistrial denial reviewed for abuse of discretion)
State v. McFadden, 369 S.W.3d 727 (Mo. banc 2012) (jury instruction and curative measures after objection)